Clark v. State

PIERCE, Judge.

In this case the appeal was dismissed on November 4, 1966, for failure of appellant Robert C. Clark, as defendant in the Court below, to pay the filing fee for the Clerk of this Court in addition to filing his notice of appeal with the Clerk of the trial Court within the time provided by F.A.R. 6.4, 32 F.S.A. Clark v. State, Fla.App. 1966, 191 So.2d 870. Thereafter, in Mills v. Avon Park Motor Co., Fla. App.1969, 223 So.2d 802, we receded from the rationale of the Clark dismissal opinion by holding that F.A.R. 3.2(d) governing the method of commencing appeals in civil cases…